War crime—outrages upon personal dignity
268.74 War crime—outrages upon personal dignity
A person (the perpetrator) commits an offence if:
the perpetrator severely humiliates, degrades or otherwise violates the dignity of one or more persons (whether or not the person or persons are alive); and
the person or persons are not taking an active part in the hostilities; and
the perpetrator knows of, or is reckless as to, the factual circumstances establishing that the person or persons are not taking an active part in the hostilities; and
the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 17 years.
To avoid doubt, a reference in subsection (1) to a person or persons who are not taking an active part in the hostilities includes a reference to a person or persons who:
are hors de combat; or
are civilians, medical personnel or religious personnel who are not taking an active part in the hostilities; or
are dead.
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